I 

114TH CONGRESS 

1ST SESSION H. R. 4000 

To harmonize requirements of the 2008 and 2015 ozone national ambient 

air quality standards, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2015 

Mr. FLORES introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To harmonize requirements of the 2008 and 2015 ozone 

national ambient air quality standards, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ozone National Ambi5 ent Air Quality Standard Deadline Harmonization Act of 

6 2015’’. 

7 SEC. 2. FINDINGS. 

8 The Congress finds the following: 

9 (1) Ozone precursor emissions have been re10 duced by over 50 percent since 1980, resulting in a 


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1 33-percent improvement of ozone air quality. The 

2 Environmental Protection Agency projects this im3 provement will continue even under rules and pro4 grams already in place. 

5 (2) States are just beginning to implement the 

6 2008 ozone standards, for which the Environmental 

7 Protection Agency published State implementation 

8 plan requirements on February 13, 2015. Notwith9 standing this delayed implementation of the 2008 

10 ozone standards, the Environmental Protection 

11 Agency published the 2015 ozone standards on Octo12 ber 26, 2015. 

13 (3) With publication of the 2015 ozone stand14 ards so early in the implementation of the 2008 

15 ozone standards, States face the prospect of simulta16 neously implementing two national ambient air qual17 ity standards for ozone. 

18 (4) In addition, counties face severe statutorily 

19 imposed consequences if designated as nonattain20 ment or for failing to meet attainment deadlines, 

21 even if those counties would ultimately achieve at22 tainment with no further action. 

23 (5) If the 2008 and 2015 ozone standards im24 plementation schedules are not harmonized, already 

25 strained State resources will be burdened by overlapVerDate Sep 11 2014 04:56 Nov 17, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4000.IH H4000

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1 ping implementation schedules, and counties that 

2 are projected to achieve necessary air quality im3 provements will face significant and permanent sanc4 tions. 

5 SEC. 3. OZONE STANDARDS IMPLEMENTATION SCHEDULE 

6 HARMONIZATION. 

7 (a) DESIGNATION SUBMISSION.—Not later than Oc8 tober 26, 2024, the Governor of each State shall designate 

9 in accordance with section 107(d) of the Clean Air Act 

10 (42 U.S.C. 7407(d)) all areas (or portions thereof) of the 

11 Governor’s State as attainment, nonattainment, or 

12 unclassifiable with respect to the 2015 ozone standards. 

13 (b) DESIGNATION PROMULGATION.—Not later than 

14 October 26, 2025, the Administrator shall promulgate 

15 final designations under section 107(d) of the Clean Air 

16 Act (42 U.S.C. 7407(d)) for all areas in all States with 

17 respect to the 2015 ozone standards, including any modi18 fications to the designations submitted under subsection 

19 (a). 

20 (c) STATE IMPLEMENTATION PLANS.—Not later 

21 than October 26, 2026, notwithstanding the deadline spec22 ified in section 110(a)(1) of the Clean Air Act (42 U.S.C. 

23 7410(d)(1)), each State shall submit the plan required by 

24 such section 110(a)(1) for the 2015 ozone standards. 


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1 SEC. 4. CERTAIN PRECONSTRUCTION PERMITS. 

2 (a) IN GENERAL.—The 2015 ozone standards shall 

3 not apply to the review and disposition of a 

4 preconstruction permit application if— 

5 (1) the Administrator or the State, local, or 

6 tribal permitting authority, as applicable, determines 

7 the application to be complete on or before the date 

8 of promulgation of final designations under section 

9 3(b); or 

10 (2) the Administrator or the State, local, or 

11 tribal permitting authority, as applicable, publishes 

12 a public notice of a preliminary determination or 

13 draft permit for the application before the date that 

14 is 60 days after the date of promulgation of final 

15 designations under section 3(b). 

16 (b) RULES OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to— 

18 (1) eliminate the obligation of a preconstruction 

19 permit applicant to install best available control 

20 technology and lowest achievable emissions rate 

21 technology, as applicable; or 

22 (2) limit the authority of a State, local, or trib23 al permitting authority to impose more stringent 

24 emissions requirements pursuant to State, local, or 

25 tribal law than Federal national ambient air quality 


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1 standards established by the Environmental Protec2 tion Agency. 

3 SEC. 5. ADJUSTMENT OF 5-YEAR REVIEW CYCLE. 

4 (a) 10-YEAR CYCLE FOR ALL CRITERIA AIR POL5 LUTANTS.—Paragraphs (1) and (2)(B) of section 109(d) 

6 of the Clean Air Act (42 U.S.C. 7409(d)) are amended 

7 by striking ‘‘five-year intervals’’ each place it appears and 

8 inserting ‘‘ten-year intervals’’. 

9 (b) CYCLE FOR NEXT REVIEW OF OZONE CRITERIA

10 AND STANDARDS.—Notwithstanding section 109(d) of the 

11 Clean Air Act (42 U.S.C. 7409(d)), the Administrator of 

12 the Environmental Protection Agency shall not— 

13 (1) complete, before October 26, 2025, any re14 view of the criteria for ozone published under section 

15 108 of such Act (42 U.S.C. 7408) or the national 

16 ambient air quality standard for ozone promulgated 

17 under section 109 of such Act (42 U.S.C. 7409); or 

18 (2) propose, before such date, any revisions to 

19 such criteria or standards. 

20 SEC. 6. DEFINITIONS. 

21 In this Act: 

22 (1) The term ‘‘2008 ozone standards’’ means 

23 the national ambient air quality standards for ozone 

24 published in the Federal Register on March 27, 

25 2008 (73 Fed. Reg. 16436). 


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1 (2) The term ‘‘2015 ozone standards’’ means 

2 the national ambient air quality standards for ozone 

3 published in the Federal Register on October 26, 

4 2015 (80 Fed. Reg. 65292). 

5 (3) The term ‘‘Administrator’’ means the Ad6 ministrator of the Environmental Protection Agency. 

7 (4) The term ‘‘best available control tech8 nology’’ has the meaning given to that term in sec9 tion 169(3) of the Clean Air Act (42 U.S.C. 

10 7479(3)). 

11 (5) The term ‘‘lowest achievable emissions rate’’ 

12 has the meaning given to that term in section 

13 171(3) of the Clean Air Act (42 U.S.C. 7501(3)). 

14 (6) The term ‘‘preconstruction permit’’— 

15 (A) means a permit that is required under 

16 part C or D of title I of the Clean Air Act (42 

17 U.S.C. 7470 et seq.) for the construction or 

18 modification of a major emitting facility or 

19 major stationary source; and 

20 (B) includes any such permit issued by the 

21 Environmental Protection Agency or a State, 

22 local, or tribal permitting authority. 

Æ 


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